Overview
Steptoe partner Michael Boucher was quoted in Chemical Watch's article, "Thousands of TSCA CBI Claims Due to Sunset in Coming Months, US EPA Says," which explores the US Environmental Protection Agency's (EPA) preparations for a surge of expiring confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA).
The article explains that, beginning June 2026, companies will need to reassert and resubstantiate CBI claims every ten years to maintain confidentiality protections. Michael noted that to extend or renew an expiring claim, companies must act at least 30 days before expiration, providing new certification and supporting statements, and answering EPA-prescribed questions. He emphasized that the burden on companies will vary depending on factors such as the number of claims expiring at once and whether prior substantiation can be reused.
"Much depends, too, on the EPA," Michael said. "How soon the agency provides notice of expiring claims, how clear its instructions are, and the ease of use for the electronic reporting tool will all be factors in how heavy a lift it will be for companies to renew their CBI claims."
Read more at Chemical Watch (subscription required).
